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Schiff v Nine Network Australia Pty Ltd (No 4) [2023] FCA 688

Schiff v Nine Network Australia Pty Ltd (No 4) [2023] FCA 688

DEFAMATION – application for leave to further amend defence – whether particulars of directly relevant background context in mitigation of damages defective – whether the principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 is confined to evidence of “misconduct” as opposed to “facts” – whether evidence of opinions held by regulators or agencies as to the existence of facts is admissible – extent to which evidence of beliefs or opinions held by the applicant is admissible – discretionary case management principles guide the application of the Burstein principle to applications for leave to amend particulars – leave refused in respect of some particulars, granted in respect of others


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